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CITY OF FORT WORTH v. BANNER

No. 16029.

328 S.W.2d 239 (1959)

CITY OF FORT WORTH, Appellant, v. Elizabeth BANNER et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied October 30, 1959.

Attorney(s) appearing for the Case

R. E. Rouer, City Atty., S. G. Johndroe, Jr., Robert R. Goodrich, Martin Siegmund, Earl C. Morgan, James Price and G. Gordon Whitman, Assts. City Atty., Fort Worth, for appellant.

Hyder & Honts, and John B. Honts, Fort Worth, for appellees.

MASSEY, Chief Justice.

The City of Fort Worth filed suit for debt growing out of a failure to pay an amount assessed because of paving improvements theoretically enhancing the value of real estate. The defendant Elizabeth Banner, joined pro forma by her husband, was the sole heir of the individuals who owned the improved property at the time of the assessment.

Judgment was for the defendants and that the city take nothing. The plaintiff appealed.

Affirmed...

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